WHALEN v. W.R. GRACE & CO.

No. 94-5503.

56 F.3d 504 (1995)

Walter R. WHALEN; Irene W. Releford; Ronald D. Glasgow; Alexander G. Depalma; Bevely M. Hopkins; Donna R. Baugh; Janet K. Turrell; Mary A. Panarello; Robert K. Williamson v. W.R. GRACE & CO.; Baker & Taylor, Inc.; Baker & Taylor Books Co.; The Carlyle Group; Raymond Barratt; John Doe, 1-25, fictitious names; Roe & Doe, 1-25, fictitious names; ABC Corp., 1-25, fictitious corporations W.R. Grace & Co. — Conn.; Baker & Taylor Books; Baker & Taylor, Inc.; and Raymond Barratt, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 2, 1995.


Attorney(s) appearing for the Case

Edward P. Lynch (argued), Theresa A. Kelly, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for appellants.

Neil Reiseman (argued), Gregory A. Devero, Reiseman & Sharp, Parsippany, NJ, for appellees.

Before: GREENBERG, NYGAARD and McKEE, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal arises from the district court's decision to allow five age discrimination plaintiffs who had filed timely charges with the Equal Employment Opportunity Commission to amend their complaint to add four new plaintiffs who had not. Because our case law requires that, outside the context of a representative or class action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq....

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